Trustee’s Power To Acquire Annuity f/b/o Settlor Does Not Make Trust “Countable Asset”

In Heyn v. Director of Medicaid, the Massachusetts Appeals Court in an April 15, 2016 decision considered whether provisions in a self-settled trust rendered it a “countable asset” for Medicaid eligibility.  The trust mandated distributions of income to the settlor and authorized the trustee to sell assets for fair value and “to determine, in accordance with reasonable accounting principles […]

Brooks v. Allen – Challenged “Divorce-Like” Partition of Real Estate Upheld

Although the NH Supreme Court’s decision in Brooks v. Allen does not establish new law, it is important precedent for the resolution of property division disputes between  domestic partners.  Renee Brooks and Steven Allen had lived as a family for twenty years and had a son.  They owned jointly property in Northwood and Allen was the sole […]